CODE OF CIVIL PROCEDURE

The Civil Procedure Code regulates every action in civil courts and the parties before it till the execution of the degree and order. The aim of the Procedural law is to implement the principles of Substantive law. This Code ensures fair justice by enforcing the rights and liabilities.

Preliminary: sections 1 to 8

• Mesne profit

• Decree (illegal and void, preliminary and final)

• Order

• Legal representative

Jurisdiction of the Courts: section 9

• Meaning of jurisdiction of civil court

• Suits of civil nature

Res Subjudice and Res Judicata: sections 10 and 11

• Appeal and revision against order of stay under section 10

• Constructive res judicata

Bar to further suit: section 12

Foreign judgment: section 13 and 14

• When and how a decree of any foreign court can be executed in India

• Rule of conclusiveness of foreign judgment

Place of suing and transfer of suit etc.: sections 15 to sections 25

• Provisions governing the determination of place of suing

• Proper place of suing

• Meaning of the term “carries on business” in section 20

• Provisions under which a decree of specific performance may be enforced

• Transfer of cases from one court in district to another court in some other district

Institution of suit: section 26 and order IV

Summons and discovery: sections 27 to 32 and Order V, XI, XVI and XVIA

• Issue and service of summons

• Substituted summons

• Modes of effecting service of summons

Judgments: section 33, Order XX

Execution: sections 36 to 74 and order XXI

• Applications for execution and the process to be applied.

• Stay of executions.

• Mode of executions.

  • Mode of execution: order XXI, Rule 30-36

  • Execution of a decree for specific performance of immovable property

  • Execution of decree for restitution of conjugal rights

• Execution of a decree for injunction

• Sale of immovable property and movable property.

• Adjudication of the claims and objections.

• Resistance and delivery of possession

• Attachment of property: sections 60 to 64 and Order XXI, rule 41 to 59

• Sale of property: sections 65, 66, 67 and order XXI, rule 64 to 96

Suits by or against the government or public officers in their official capacity: sections 79-87B and Order XXVII

Interpleader suit: section 88 and order XXXV

Arbitration: section 89

Public nuisance and the other wrongful acts: sections 91 to 93

Appeals: sections 96 to 112 and orders XLI to XLVI

• Appeals from original decree (first appeal sections 96-99A and order, XLI)

• Appeals from appellate decree (second appeal sections 100 to 103 and order XLII)

• Appeals from order: sections 104 to 112 and order, XLIII

Reference, Review and Revisions: sections 113-115

Inherent powers of Court: section 151

• Provisions of the Code of Civil Procedure which deal with inherent powers of the Court

• Inherent powers of civil court to set aside an ex-parte decree, to order joint trial of suits and to correct its own mistakes

ORDERS

ORDER 1: parties to suit, joinder of parties and representative suit

• Necessary and proper parties

• Joinder and mis joinder of parties

• Multifariousness

• Misjoinder of cause of action

ORDER II: Frame of suit

• The cause of action must be live: neither dead nor in the womb

ORDER III: Recognized agents and pleaders

ORDER VI: Pleadings generally, amendments of pleading

ORDER VII: Plaint

• Valid grounds for rejection of plaint

• Return of plaint

ORDER VIII: Written statement, set off and counter claim

• Set off and counter claim

• Rule relating to additional written statement

• Equitable set off

ORDER IX: Appearance of parties and consequence of non-performance

• Ex parte decree

ORDER XIV: Settlement of issues

Two important points to take into consideration with regards to the framing of issues are;

1. Non-framing of a significant issue can turn out to be detrimental, as was observed in the case of Monoranjan Paul v. Narendra Kumar Paul (1994).

2. The court will be framing issues in accordance with those pleadings which have been confirmed by one party whereas denied by the other, as was the opinion made in the case of Dr. Om Prakash Rawal v. Mr. Justice Amrit Lal Bahri (1994)

ORDER XVII: ADJOURNMENTS

• The proviso of Rule 1 of Order 17 states that adjournment will not be granted more than three times in a row to a party at the time of hearing of the suit.

ORDER XXXII: Suits by or against minors and person of unsound mind

• Concept of Guardian ad-litem

ORDER XXXIX: Rule 1-5: Temporary injunctions

• Principles and restrictions regarding the grant of temporary injunction

ORDER XL: Appointment of receiver

• Obiter dicta or ratio decidendi

• Consensus ad idem or ad volarem

Notes List